West Virginia § 48-20-104 Application to Indian tribes

West Virginia Statutes

§ 48-20-104 — Application to Indian tribes

West Virginia § 48-20-104

Ch. 48DOMESTIC RELATIONS

Art. 20UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

This text of West Virginia § 48-20-104 (Application to Indian tribes) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-20-104 (2026).

Text

(a)A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b)A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying parts 1 and 2.

(c)A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3.

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(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying parts 1 and 2.

(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3.